A new bill that could significantly change the operations of social media platforms in Nigeria has passed its second reading in the Senate. The bill, known as ‘A Bill for an Act to Amend the Nigeria Data Protection Act, 2023, to Mandate the Establishment of Physical Offices within the Territorial Boundaries of the Federal Republic of Nigeria by Social Media Platforms,’ was introduced by Senator Ned Munir Nwoko (APC, Delta North).
If passed, the bill will require major social media companies like Facebook, Instagram, WhatsApp, YouTube, and TikTok to set up physical offices within Nigeria. The proposal aims to ensure that these platforms have a legal and operational presence in the country, addressing challenges related to data protection, legal accountability, and economic contributions.
On Tuesday, March 18, the Senate conducted a second reading of the bill, which quickly gained attention due to its potential impact on the digital media landscape in Nigeria. Following the reading, Senate President Senator Godswill Akpabio referred the bill to the Senate Committee on ICT and Cybersecurity for further deliberation. The committee has been tasked with reviewing the bill and reporting back within two months.
Senator Nwoko, who sponsored the bill, explained in his lead debate that Nigeria, as Africa’s most populous country, has a large and active digital presence. According to reports from Global Web Index, Nigerian internet users spend an average of three hours and 46 minutes daily on social media platforms, making the country a leader in digital engagement both in Africa and globally. Despite this, he pointed out, the largest social media companies operate without any physical presence in Nigeria, unlike in other countries.
Senator Nwoko’s arguments are centered on the challenges that arise from the absence of social media offices in Nigeria. He explained that social media platforms such as Facebook, Instagram, YouTube, and others have been able to operate in the country without directly contributing to the local economy in terms of taxes, jobs, or legal accountability. The senator emphasized that Nigeria, with over 220 million people, should not be left out of the broader discussions around data protection and digital governance, especially as it leads the continent in online engagement.
“The absence of these platforms in Nigeria is not just a matter of lost revenue,” Nwoko stated during his debate. “It also raises concerns over the security of data and legal recourse for Nigerian citizens who face issues on these platforms. With no local offices, these companies are often unaccountable for the impact they have on Nigerians.”
Senator Nwoko highlighted that the lack of local representation leads to several issues. These include difficulties in enforcing data protection regulations, economic losses due to a lack of investment in the Nigerian economy, and challenges in addressing legal and regulatory concerns that arise from social media activities.
The bill proposes that multinational social media companies set up offices within Nigeria to promote legal compliance and enhance data protection for Nigerian citizens. Nwoko explained that by mandating the establishment of local offices, Nigeria would be able to better enforce laws related to privacy, content regulation, and cybercrime. The presence of these companies in the country would also facilitate better communication between Nigerian authorities and these platforms, making it easier to resolve conflicts and hold the platforms accountable.
In addition to its provisions for social media platforms, the bill also seeks to regulate bloggers operating in Nigeria. It proposes that all bloggers must establish verifiable offices in Nigerian capital cities, maintain employee records, and join a recognized national association of bloggers based in Abuja. This measure aims to ensure professionalism, transparency, and accountability in Nigeria’s growing digital media space, which has seen a significant rise in the number of bloggers in recent years.
Senator Nwoko noted that the regulation of bloggers would help bring structure to the industry, drawing a comparison to traditional media outlets that are already bound by regulations and standards. He emphasized that the bill is not intended to stifle free speech or attack social media platforms but to ensure that these entities operate in a manner that respects Nigeria’s position as a global leader in digital engagement.
While the bill has garnered significant support in the Senate, there are concerns about its potential impact on freedom of expression and the broader digital economy. Critics have raised fears that forcing international companies to establish offices in Nigeria could lead to increased censorship or overregulation of digital content. Some have also questioned whether the government would be able to enforce the new regulations effectively, given the complexities of the digital landscape.
In response to these concerns, Senator Nwoko assured that the bill was not intended to undermine Nigeria’s thriving digital space but rather to create a more secure and accountable environment for online activities. He stated, “This bill is about ensuring that Nigeria benefits fully from its status as one of the most digitally engaged nations in the world. It is not about limiting freedoms, but about ensuring that global players operate by our rules and contribute to our economy.”
Nigeria’s digital landscape has grown rapidly over the last decade, with millions of Nigerians relying on social media for communication, business, and entertainment. The country has seen a surge in the use of digital platforms for everything from e-commerce to political engagement. The rise of blogging and digital journalism has also transformed the media industry, with many Nigerians turning to online platforms for news and information.
However, this rapid growth has not been without challenges. As digital engagement has increased, so have concerns about data privacy, cybercrime, and misinformation. Social media platforms have faced criticism for their handling of user data, content moderation policies, and their role in spreading false information. This bill aims to address these issues by ensuring that the companies behind these platforms are more directly accountable to Nigerian laws.
By requiring social media platforms to have physical offices in Nigeria, the government hopes to establish a stronger regulatory framework for the digital space. This move could also create more jobs and boost Nigeria’s digital economy by encouraging foreign investment in the country’s growing tech sector.
Now that the bill has passed its second reading, it is expected that the Senate Committee on ICT and Cybersecurity will closely examine its provisions and propose any necessary amendments. If the committee approves the bill, it will then return to the full Senate for a final vote before being sent to the House of Representatives for further consideration.
If both chambers of the National Assembly approve the bill, it will be forwarded to President Bola Tinubu for assent, after which it will become law. The bill’s potential to reshape Nigeria’s digital regulatory environment means that it could have far-reaching consequences, not only for social media platforms but also for the wider digital media industry.
